Patna High CourtCR. MISC./17846/2018allowed

Manish Kumar v. The State Of Bihar

2021-12-20Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17846 of 2018 Arising Out of PS. Case No.-527 Year-2015 Thana- GAYA KOTWALI District- Gaya ====================================================== Manish Kumar Son of Sri Uma Shankar Barnwal R/o Mohalla Swarajpuri, P.S. - Kotwali, District - Gaya.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ram Shankar Das, Adv.

For the Opposite Party/s :

Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2021 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Gaya Kotwali P.S. Case No. 527 of 2015 registered for the offence punishable under sections 419, 420, 379, 413, 414, 467, 468/120B of the Indian Penal Code and section 18(A), 17(B), 27(C) / 27(d) of the Drugs and Cosmetics Act. Learned counsel appearing for the petitioner submits that police has no power to investigate any case under Chapters III, IV and IV-A of the Drugs and Cosmetics Act as laid down by a Full Bench of this Court in Cr. W. J.C. No. 887 of 2013 (Bablu @ Rajesh Kumar Vs. The State of Bihar & Ors.).

Patna High Court CR. MISC. No.17846 of 2018(9) dt.20-12-2021 2/2 In view of the submissions advanced on behalf of the petitioner and the ratio laid by the Full Bench of this Court in Cr. W. J.C. No. 887 of 2013 (Bablu @ Rajesh Kumar Vs. The State of Bihar & Ors.), the petitioner deserves to be granted anticipatory bail.

Accordingly, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing personal bond to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Gaya Kotwali P.S. Case No. 527 of 2015 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T